Public-domain · open source
OpenJurist

37 Ala. 710

Evans v. Sims

Supreme Court of Alabama

Decided June 15, 1861

Supreme Court of Alabama · decided 1861-06-15

Appeal'from the-Circuit Court of Jackson. The record does -not show the name of the presiding ¡.judge.. .This action .was brought by Matthew Sims, against L> ¿B. Evans, and was commenced in a justice’s court. After the removal of .the case to the circuit court, the plaintiff t there filed ..a complaint, in which he claimed forty-nine dollars, alleged to be due to him from the defendant, on an ..account, and for money paid, and money.had and received.

Cited by 2 later decisions — most recently December 1901

2 state decisions

Relies on Jones & Co. v. Jones · Nall v. McIntyre · Taylor v. Bass

Good law ✅— No negative treatment on recordhow we know

Decided 1861-06-15

View the full empirical analysis of this case →

R. W. WALKER, J.

¶1We.understand .from-the minute-*711•entry that the words, “which account is his property,” which form the conclusion of the Sd plea as set out in the transcript, were added to the plea by Way of amendment, after the demurrer had been sustained. The sufficiency of the plea before this amendment was made, is the only question presented by the record; and" the ruling’ of the circuit court on this question is -sustained by the decisions of this court, declaring the law to be, that- a’ defendant, when sued for his individual debt, cannot set off a debt due to a partnership of which he is a member. Taylor v. Bass, 5 Ala. 110; Jones v. Jones, 12 Ala. 245; Na'l & Brooks v. McIntyre, 31 Ala. 534. The question would have been very different, if there had been an averment, showing the consent of the other parties to the defendant’s use of the demand due the firm, as a set-off in this suit.

¶2Judgment affirmed.

/37/ala/710 · .json · Public domain